OSHA GHS HAZARDOUS CHEMICALS THAT ARE NOT DOT HAZARDOUS MATERIALS

March 10,2015 HAZMAT ROB

Most people don’t realize that OSHA did not adopt ALL of the United Nations GHS Hazard Communication Recommendations. OSHA only aligned with the international recommendations. They took only the parts they liked; no Marine pollutants, no category 5 materials and no numerical cross reference on the labels, which were all part of the UN GHS. OSHA got rid of all the things that OSHA didn’t like, want or were not allowed to regulate. If you were to buy a copy of the UN’s Hazard Communication Recommendations, as we did, you would be shocked at the differences between the final OSHA GHS and the original international UN GHS.

CLOSER TO DOT THAN THE UN

I honestly believe that OSHA’s intent was to align more with the Department of Transportation’s Hazardous Materials Regulations than the UN’s GHS Recommendations. Here’s why. Under the GHS, OSHA lists over 25 Hazard Classes. DOT lists around 20 hazard classes & divisions, of which 18 are the same as OSHA(not counting 6.2 infectious substances and Class 9). You have to remember that DOT is mandated to protect transportation infrastructure like highways, airports, railroads and ports. OSHA, on the other hand, is mandated to protect workers. It makes sense that certain OSHA hazardous chemicals could have more impact on workers than on highways.

OSHA GHS HAZARDOUS CHEMICAL

Hazardous chemical means any chemical which is classified as a health hazard (in 1910.1200 Appendix A) or a physical hazard (in Appendix B), a simple asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise classified.

DOT HAZARDOUS MATERIAL

.Hazardous material means a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous. . . The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in 49 CFR Section 173.2.

After an exhausting and extensive examination of both the DOT and OSHA regulations by Traci and I, we were able to identify 16 different hazard classes and/or categories that do not appear in the DOT Regulations. These are chemicals that require an SDS and container label under the OSHA GHS requirements, but do not require a DOT hazmat shipping paper and 4×4 inch hazard class label.

I can explain this discrepancy between the DOT and OSHA hazard classifications using Acetone as an example. Acetone is a flammable liquid under both DOT as a Packing Group II and OSHA as a Category 2, so the DOT 4×4 hazard class label and the flammable pictogram should be displayed on a drum. However, under OSHA, in addition to being a flammable liquid, Acetone also meets the criteria for (1) Specific target organ toxicity—single exposure (STOT-SE), which means specific, non-lethal target organ toxicity arising from a single exposure to a chemical and (2) Eye Irritant.

DANGER Highly flammable liquid & vapor Causes severe eye irritation May cause drowsiness or dizziness  Flammable Liquid Category 2 Eye Irritant Category 2A Specific Target Organ Toxicity (Single Exposure) Category 3 Precautionary statements  Prevention Keep away from heat/sparks/open flames/hot surfaces – No smoking. Keep containers tightly closed. Use only non-sparking tools. Take precautionary measures against static discharge. Wear protective gloves/eye protection/face protection. Wash hands thoroughly after handling. Avoid breathing dust/fume/gas/mist/vapors/spray. Use only outdoors or in a well-ventilated area. Response If on skin (or hair): Take off immediately all contaminated clothing. Rinse skin with water/shower. In case of fire: Use carbon dioxide, dry chemical powder or foam to extinguish. If in eyes, rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. If eye irritation persists: Get medical advice/attention. If inhaled: Remove person to fresh air and keep comfortable for breathing Call a poison center/doctor if you feel unwell Storage Store in a well-ventilated place. Keep cool. Keep container tightly closed. Store locked up. Disposal Dispose of contents/containers in accordance with the EPA CFR Part 260 Hazardous Waste Management System or in accordance with local, regional, national, and international regulations. ABC Corp., 555 Main St., Anytown, PA 19530, (555) 555-1212  *Hazard classification/category information not mandatory

So when shipping Acetone, under DOT the 4×4 flammable liquid label is required, and under OSHA, the flammable pictogram AND the exclamation mark pictogram for both the Specific target organ toxicity—single exposure and the Eye Irritant are required on the GHS label.

ACETONE DOT Flammable Liquid Packing Group II  OSHA Flammable Liquid Category 2  Specific target organ toxicity—single exposure Eye Irritant

THE THREE DOT PACKING GROUPS VS. THE FOUR OSHA CATEGORIES

Be careful, There are other reasons an OSHA hazardous chemical on an SDS could be regulated under 1910.1200 but not regulated as a hazardous material under DOT on a shipping paper. OSHA breaks down many of its hazard classes into 4 categories. DOT breaks down each of their hazard classes into 3 packing groups. That’s the trouble in attempting to match up the categories and hazard classes. Packing groups I, II and III are usually the same as categories 1, 2 and 3, but most, if not all, of the OSHA Category 4 materials do not meet any DOT hazard classes or packing groups criteria.

SO BE CAREFUL WITH CATEGORY 4 MATERIALS

If your hazardous chemical is a corrosive liquid on skin in Category 1, 2 or 3 on the SDS, then it would be a DOT hazardous material as a Corrosive Liquid in Packing Group I, II or III on the shipping paper, with a DOT corrosive label and an OSHA corrosive pictogram on the 6-part container label. On the other hand, if your hazardous chemical is a corrosive liquid in Category 4 on the SDS, it would NOT meet the definition of corrosive under DOT and would not be a hazardous material when shipped. Although the container would still be required to display an OSHA exclamation mark pictogram (for the Category 4 Corrosive) on its six part container label.

EXCLAMATION MARK Irritant Dermal Sensitizer Acute Toxicity (harmful) Narcotic Effects Respiratory Tract Irritation HEALTH HAZARD Carcinogen Respiratory Sensitizer Reproductive Toxicity Target Organ Toxicity Mutagenicity Aspiration Toxicity

The exclamation mark pictogram is one of two pictograms required on OSHA containers of hazardous chemicals that are not required on DOT hazardous materials. The other being the health hazard or “exploding chest” pictogram. The only exception would be the “DOT-similar” corrosive pictograms in Appendices C.4.4 AND C.4.5, which are displayed on containers of (non-DOT) OSHA Skin Corrosion/Irritation & Eye Damage/ Irritation. So even though the GHS container label would display these OSHA corrosive pictograms, the material should never display a DOT corrosive label because DOT does not require testing for eye and skin irritation.

SKIN CORROSION/IRRITATION (CAUSES SEVERE SKIN BURNS AND EYE DAMAGE) CATEGORY 1A, 1B & 1C  Skin corrosion is the production of irreversible damage to the skin; namely visible necrosis through the epidermis and into the dermis, following the application of a test substance for up to 4 hours. (Appendix A.2)

EYE DAMAGE/IRRITATION (CAUSES SEVERE EYE DAMAGE) CATEGORY 1 Serious eye damage is the production of tissue damage in the eye, or serious physical decay of vision, following application of a test substance to the anterior surface of the eye, which is not fully reversible within 21 days of application. (Appendix A.3) Other than these corrosives, here are the GHS Hazard Classifications (with a short description for each) of the non-DOT Classes and Categories we have identified in Appendix A and B under 29 CFR OSHA that can not be found in the 49 CFR DOT HazardousMaterial Hazard Classes in 173.2:

(1) ACUTE TOXICITY-ORAL (HARMFUL IF SWALLOWED) CATEGORY 4  Acute toxicity refers to those adverse effects occurring following oral administration of a single dose of a substance, or multiple doses given within 24 hours. Category 4 chemicals have an LD50 of greater than 300 mg/kg and less than or equal to 2000 mg/kg. (Appendix A.1)

(2) ACUTE TOXICITY-DERMAL (HARMFUL IF IN CONTACT WITH SKIN) CATEGORY 4  Dermal toxicity refers to those adverse effects occurring following dermal administration of a single dose of a substance, or multiple doses given within 24 hours. Category 4 chemicals have an LD50 of greater than 1000 mg/kg and less than or equal to 2000 mg/kg. (Appendix A.1)

(3) ACUTE TOXICITY-INHALATION (HARMFUL IF INHALED) CATEGORY 4  Inhalation toxicity refers to those adverse effects occurring following an inhalation exposure of 4 hours. Category 4chemicals have an LC50 of greater than 2500 ppmV and less than or equal to 20000 ppmV for gases; greater than 10.0 mg/l and less than or equal to 20.0 mg/l for vapors; and greater than 1.0 mg/l and less than or equal to 5.0 mg/l for dusts and mists. (Appendix A.1)

(4) SKIN CORROSION/IRRITATION (CAUSES SKIN IRRITATION) CATEGORY 2 Skin irritation is the production of reversible damage to the skin following the application of a test substance for up to 4 hours. The major criterion for Category 2 is that at least two tested animals have a mean score of greater than or equal to 2.3 and less than or equal to 4.0. (Appendix A.2)

(5) EYE DAMAGE/IRRITATION (CAUSES SERIOUS EYE IRRITATION) CATEGORY 2A

EYE DAMAGE/IRRITATION (CAUSES EYE IRRITATION) CATEGORY 2B  Eye irritation is the production of changes in the eye following the application of test substance to the anterior surface of the eye, which are fully reversible within 21 days of application. (Appendix A.3)

(6) SENSITIZATION-RESPIRATORY CATEGORY 1 (A&B) Respiratory sensitizermeans a chemical that will lead to hypersensitivity of the airways following inhalation of the chemical. (Appendix A.4)

(7) SENSITIZATION-SKIN CATEGORY 1 (A&B) Skin sensitizer means a chemical that will lead to an allergic response following skin contact. (Appendix A.4)

(8) GERM CELL MUTAGENICITY CATEGORIES 1A, 1B & 2 A mutation is defined as a permanent change in the amount or structure of the genetic material in a cell. It applies both to heritable genetic changes that may be manifested at the phenotypic level and to the underlying DNA modifications when knows (including, for example, specific base pair changes and chromosomal translocations). The term mutagenic and mutagen will be used for agents giving rise to an increased occurrence of mutations in populations of cells and/or organisms. This hazard class is primarily concerned with chemicals that may cause mutations in the germ cells of humans that can be transmitted to the progeny. (Appendix A.5)

(9) CARCINOGENICITY CATEGORIES 1A, 1B & 2 Carcinogenmeans a substance or a mixture of substances which induce cancer or increase its incidence. Classification of a substance or mixture as posing a carcinogenic hazard is based on its inherent properties and does not provide information on the level of the human cancer risk which the use of the substance or mixture may represent. (Appendix A.6)

(10) TOXIC TO REPRODUCTION CATEGORIES 1A, 1B & 2

EFFECTS ON OR VIA LACTATION NO DESIGNATED CATEGORY Reproductive toxicity includes adverse effects on sexual function and fertility in adult males and females, as well as adverse effects on development of the offspring. Adverse effects on sexual function and fertility means any effect of chemicals that interferes with reproductive ability or sexual capacity. This includes, but is not limited to, alterations to the female and male reproductive system, adverse effects on onset of puberty, gamete production and transport, reproductive cycle normality, sexual behavior, fertility, parturition, pregnancy outcomes, premature reproductive senescence, or modifications in other functions that are dependent on the integrity of the reproductive systems. Adverse effects on development of the offspring means any effect of chemicals which interferes with normal development of the conceptus either before or after birth, which in induced during pregnancy or results from parental exposure. These effects can be manifested at any point in the life span of the organism. Major manifestations of developmental toxicity include death of the developing organism, structural abnormality, altered growth and functional deficiency. (Appendix A.7) Adverse effects on or via lactation are also included in reproductive toxicity, but for classification purposes, such effects are treated separately. Chemicals that are absorbed by women and have been shown to interfere with lactation or that may be present (including metabolites) in breast milk in amounts sufficient to cause concern for the health of a breastfed child, shall be classified to indicate this property hazardous to breastfed babies. (Appendix A.7)

(11) SPECIFIC TARGET ORGAN TOXICITY (SINGLE EXPOSURE) CATEGORIES 1 & 2 Specific target organ toxicity-single exposure(STOT-SE) means specific, non-lethal target organ toxicity arising from a single exposure to a chemical. Category 1 are substances that have produced significant toxicity in humans, or that, on the basis of evidence from studies in experimental animals can be presumed to have the potential to produce significant toxicity in humans following single exposure. Category 2 are substances that, on the basis of evidence from studies in experimental animals, can be presumed to have the potential to be harmful to human health following single exposure. (Appendix A.8)

(12) SPECIFIC TARGET ORGAN TOXICITY (SINGLE EXPOSURE) CATEGORY 3 Specific target organ toxicity-single exposure (STOT-SE) means specific, non-lethal target organ toxicity arising from a single exposure to a chemical. Category 3 are transient organ effects. These are effects which adversely alter human function for a short duration after exposure and from which humans may recover in a reasonable period without leaving significant alteration of structure or function. This category only includes narcotic effects and respiratory tract irritation. (Appendix A.8)

(13) SPECIFIC TARGET ORGAN TOXICITY (REPEATED EXPOSURE) CATEGORIES 1 & 2 Specific target organ toxicity-repeated exposure(STOT-RE) means specific target organ toxicity arising from repeated exposure to a substance or mixture. All significant health effects that can impair function, both reversible and irreversible, immediate and/or delayed and not specifically addressed under another hazard are included. (Appendix A.9)

(14) ASPIRATION HAZARD CATEGORY 1 Aspiration means the entry of a liquid or solid chemical directly through the oral or nasal cavity, or indirectly from vomiting, into the trachea and lower respiratory system. Aspiration toxicity includes sever acute effects such as chemical pneumonia, varying degrees of pulmonary injury or death following aspiration. (Appendix A.10)

(15) PYROPHORIC GAS As defined in the 1910.1200(c), Pyrophoric gas means a chemical in a gaseous state that will ignite spontaneously in air at a temperature of 130 degrees F (54.4 degrees C) or below.

(16) SIMPLE ASPHYXIANT As defined in the 1910.1200(c), Simple asphyxiant means a substance or mixture that displaces oxygen in the ambient atmosphere, and can thus cause oxygen deprivation in those who are exposed, leading to unconsciousness and death.

(17) COMBUSTIBLE DUST  Per footnote 2 in Appendix C.4.30, the chemical manufacturer or importer shall label chemicals that are shipped in dust form, and present a combustible dust hazard in that form when used downstream, under paragraph (f)(1); 2) the chemical manufacturer or importer shipping chemicals that are in a form that is not yet a dust must provide a label to customers under paragraph (f)(4) if, under normal conditions of use, the chemicals are processed in a downstream workplace in such a way that they present combustible dust hazard; and 3) the employer shall follow the workplace labeling requirements under paragraph (f)(6) where combustible dust hazards are present.

The United Nations wrote both Dangerous Goods Transportation Recommendations and GHS Hazard Communication Worker Protection Recommendations, so it makes a lot of sense that they would recommend similar hazard classification tests. The trouble is that they did not recommend all of the same tests. That is why we have compiled and provided a listing of the hazard classes and categories under the OSHA GHS that DOT does not regulate in transportation. However, these chemicals would still require an SDS and the 6-part container label with the OSHA pictograms, before they were transported.

DO NOT RE-IDENTIFY

Why re-identify your OSHA hazardous chemicals when the material has already been identified by the shipper under the DOT Hazardous Materials Regulations on the material’s hazmat shipping paper. If it’s your job to classify chemicals under the new OSHA GHS Hazard Communication Regulations, don’t over-think it. Simply extract the OSHA GHS classification information off of the DOT hazmat shipping paper, and then see if it meets one or more of the additional non-DOT classifications listed above. This is a task which will be much easier once we send you our GHS/DOT Hazard Classification Smackdown post (coming soon), in which we show the side-by-side comparison of the DOT hazard classes and packing groups with the OSHA GHS classes and categories that are exactly the same. This way, you will have a list of the GHS and DOT tests that are the same and a separate list of the GHS hazard classes and categories that are not regulated under DOT.

Click here to view the OSHA GHS/DOT CLASSIFICATION DIFFERENCES CHART